Kekuatan Hukum Surat Penunjukan Advokat oleh Hakim Tingkat Pertama dalam Upaya Banding

Abstrak

This article examines the legal validity of court-appointed legal counsel at the first-instance level when representing a defendant in filing an appeal in criminal proceedings. The study focuses on the procedural gap that arises when a defense lawyer, appointed by a first-instance judge, attempts to continue representation during the appellate process. Using a normative legal method and supported by interviews with practitioners, this article analyses whether such appointments remain valid within the legally defined appeal period. Although current practice tends to treat the appointment as terminating upon the reading of the verdict, this article argues that the appointment should extend through the post-verdict period, given that the case has not yet reached legal finality. The findings highlight the inconsistency between procedural interpretations and the principle of effective legal assistance, particularly for defendants who cannot afford private counsel. The article contributes to legal scholarship by proposing a reinterpretation of judicial appointments of legal counsel that upholds continuity of defense and procedural fairness. It also emphasizes the need for uniform judicial guidelines to avoid the risk of legal representation gaps that may impair a defendant’s right to appeal. This analysis has broader implications for access to justice and legal certainty within the Indonesian criminal justice system